An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own competing product. Though the arbitrator did not find Pennymac liable for trade secret misappropriation, they found that the use of BK’s product accelerated the development of Pennymac’s product and caused BK to lose licensing profits.

Isaiah D. Anderson
Isaiah Anderson is an associate in the Litigation Department. He is a member of the firm’s nationally recognized Appellate Practice Group, which has been named to the National Law Journal’s Appellate Hot List. Isaiah has drafted briefs to several federal appellate courts, including the First and Second Circuits.
As a member of the Intellectual Property Litigation Group, Isaiah handles false-advertising and copyright disputes, as well as trademark, trade secret, and patent litigation. He has represented clients in a variety of industries, including medical-device companies, consumer-products companies, food and beverage companies, and art foundations.
Finally, Isaiah is a member of the firm’s Commercial Litigation Practice, and has successfully represented clients in high-stakes contractual disputes involving life sciences, real estate, transportation services, and other industries in trial courts and arbitration in a number of jurisdictions.
Isaiah also maintains a diverse pro bono practice, as he has represented indigent clients in district and appellate courts and drafted amicus briefs in support of equal voting rights. He has also advised clients on a range of matters, including a record label contract negotiation and healthcare information campaign. In addition to his active practice, Isaiah is an author of Proskauer’s advertising law blog, Proskauer on Advertising, and commercial litigation blog, Minding Your Business.
Isaiah earned his J.D. from New York University, where he was a Senior Executive Editor of the New York University Law Review and worked with the Center on Race, Inequality, and the Law in advocating for racial and economic justice.
CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims
On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract, breach of fiduciary duty, and breach of duty of loyalty by Skye’s former employee (“Defendant”). While Plaintiffs Skye and HRT did not succeed on their claim of trade secret misappropriation, they were able to succeed in showing Defendant misappropriated confidential information in breach of his employment agreements.
Conduct Over Confusion: Supreme Court Holds Lanham Act to the Presumption Against Extraterritoriality
In April, we discussed oral arguments at the Supreme Court for Abitron Austria GmbH et al. v. Hetronic International, Inc., a case in which the Supreme Court considered the extraterritorial reach of the Lanham Act (“Act”) for the first time since 1952. Last month, the Court ruled that the Lanham Act only reaches claims of infringement where the infringing use in commerce is domestic.
Extra, Extra, Extraterritorial, Read All About It: Supreme Court Considers Lanham Act’s Reach
Last month, the Supreme Court heard oral argument on Abitron Austria GmbH et al. v. Hetronic International, Inc. and considered, for the first time since 1952, the extraterritorial reach of the Lanham Act. This case presents the opportunity for the Court to establish a uniform test for the Lanham Act’s extraterritorial reach when seeking remedies in U.S. courts and to provide clarity for U.S. companies looking to protect their marks and reputation around the world.